sorry - IAEA, not IAEC

The U.N.'s nuclear watchdog agency issued a report saying Iran has not suspended its uranium enrichment activities, a United Nations official said. The report by the International Atomic Energy Agency opens the way for U.N. Security Council sanctions against Tehran. Facing a Security Council deadline to stop its uranium enrichment activities, Iran has left little doubt it will defy the West and continue its nuclear program.[47]


In 2003, the IAEA reported that Iran had failed to meet its obligations to report its enrichment activities, which Iran says began in 1985, to the IAEA as required by its safeguards agreement.

Article 19 of Iran's safeguards agreement allows a report to the Security Council if the IAEA fails to verify that nuclear material is only for peaceful uses. Article XII.C of the IAEA Statute[59] requires a report to the UN Security Council for any safeguards non-compliance. The IAEA Board of Governors, in a rare non-consensus decision with 12 abstentions,[42] decided that "Iran's many failures and breaches of its obligations to comply with its NPT Safeguards Agreement" as reported by the IAEA in November 2003 constituted "non-compliance" under the terms of Article XII.C of IAEA Statute.[39]

The IAEA reported on August 30, 2006 that while it "is able to verify the non-diversion of declared nuclear material in Iran", it "remains unable to verify certain aspects relevant to the scope and nature of Iran's nuclear program" and that Iran's adherence to the recently agreed "action plan" was "essential."

Then Chairman of IAEA Standing Advisory Group on Safeguards Implementation[97] (and Director of the Australian Nonproliferation and Safeguards Organization) John Carlson noted in considering the case of Iran that

Formally IAEA Board of Governors (BOG) decisions concern compliance with safeguards agreements, rather than the NPT as such, but in practical terms non-compliance with a safeguards agreement constitutes non-compliance with the NPT.[98]

The IAEA Board of Governors eventually concluded, in a rare non-consensus decision with 12 abstentions,[99] that Iran's past safeguards "breaches" and "failures" constituted "non-compliance" with its Safeguards Agreement[100][39] even though the IAEA had concluded that there was no diversion of fissile material to military use. In the decision, the IAEA Board of Governors also concluded that the concerns raised fell within the competence of the UN Security Council.[39]


However, the report adds that "the Agency remains unable to verify certain aspects relevant to the scope and nature of Iran's nuclear program. It should be noted that since early 2006, the Agency has not received the type of information that Iran had previously been providing, including pursuant to the [unratified] Additional Protocol, for example information relevant to ongoing advanced centrifuge research."

The report also outlines a work plan agreed by Iran and the IAEA on August 21, 2007. The work plan reflects agreement on "modalities for resolving the remaining safeguards implementation issues, including the long outstanding issues." According to the plan, these modalities "cover all remaining issues and the Agency confirmed that there are no other remaining issues and ambiguities regarding Iran's past nuclear program and activities." The IAEA report describes the work plan is "a significant step forward," but adds "the Agency considers it essential that Iran adheres to the time line defined therein and implements all the necessary safeguards and transparency measures, including the measures provided for in the Additional Protocol."[101] Although the work plan does not include a commitment by Iran to implement the Additional Protocol as a permanent legal obligation, IAEA safeguards head Olli Heinonen observed that measures in the work plan "for resolving our outstanding issues go beyond the requirements of the Additional Protocol."[102]


The November 15, 2007 IAEA report found that on 9 outstanding issues including experiments on the P-2 centrifuge and work with uranium metals, "Iran's statements are consistent with ... information available to the agency," but it warned that its knowledge of Tehran's present atomic work was shrinking due to Iran's refusal to continue voluntarily implementing the Additional Protocol, as it had done in the past under the October 2003 Tehran agreement and the November 2004 Paris agreement. The only remaining issues were traces of HEU found at one location, and allegations by US intelligence agencies based on a laptop computer allegedly stolen from Iran which reportedly contained nuclear weapons-related designs. The IAEA report also stated that Tehran continues to produce LEU. Iran has declared it has a right to peaceful nuclear technology under the NPT, despite Security Council demands that it cease its nuclear enrichment.[105][106]


ElBaradei criticized Iran, however, for continued attempts at uranium enrichment. "Iran has not addressed the long outstanding verification issues or provided the necessary transparency to remove uncertainties associated with some of its activities...," wrote ElBaradei.